Construction Development Agreement

Construction Development Agreement Template for Ireland

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Key Requirements PROMPT example:

"I need a Construction Development Agreement for a €50M mixed-use development project in Dublin City Centre, with phased completion requirements and specific sustainability provisions, scheduled to commence in March 2025."

Document background

The Construction Development Agreement is a crucial legal document used in the Irish construction industry to establish the contractual relationship between developers and contractors for construction projects. This comprehensive agreement is essential when undertaking any significant construction development in Ireland, whether commercial, residential, or mixed-use. It must comply with Irish construction law, including the Construction Contracts Act 2013, Building Control Regulations, and relevant planning legislation. The agreement typically covers all aspects of the development process, from initial design to completion and defects liability period, including detailed specifications, payment mechanisms, regulatory compliance requirements, and risk allocation between parties. It is particularly important for ensuring clarity in project scope, timelines, quality standards, and dispute resolution procedures while maintaining compliance with Irish statutory requirements.

Suggested Sections

1. Parties: Identification of the Developer, Contractor, and any other key parties to the agreement

2. Background: Context of the development project, including site details and purpose of the agreement

3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules of interpretation

4. Project Scope and Specifications: Detailed description of the construction works to be carried out

5. Planning and Regulatory Compliance: Requirements for obtaining and maintaining planning permissions and regulatory approvals

6. Commencement and Completion: Project timeline, completion dates, and provisions for extensions of time

7. Contract Sum and Payment Terms: Financial terms, payment schedule, and mechanisms for variations

8. Developer's Obligations: Key responsibilities and obligations of the developer

9. Contractor's Obligations: Key responsibilities and obligations of the contractor

10. Design Responsibilities: Allocation of design responsibilities and approval processes

11. Quality and Standards: Required construction standards, quality control measures, and inspection rights

12. Health and Safety: Health and safety requirements and responsibilities

13. Insurance and Indemnities: Required insurance coverage and indemnification provisions

14. Variations: Procedures for handling changes to the works

15. Defects and Warranties: Defects liability period and warranty provisions

16. Termination: Grounds and procedures for contract termination

17. Dispute Resolution: Procedures for resolving disputes between parties

18. General Provisions: Standard legal provisions including notices, assignment, and governing law

Optional Sections

1. Phasing: Details of project phases and specific requirements for phased completion - include when project involves multiple development phases

2. Sustainability Requirements: Specific environmental and sustainability standards - include for green building projects

3. Third Party Rights: Rights of third parties such as funders or future occupiers - include when relevant stakeholders require specific rights

4. Site Security and Access: Specific requirements for site security and access control - include for sensitive or high-security locations

5. Community Engagement: Requirements for community liaison and management of local impacts - include for projects with significant community impact

6. Archaeological Provisions: Special provisions for handling archaeological discoveries - include for sites with potential archaeological significance

7. Intellectual Property Rights: Specific IP provisions for innovative designs or methods - include when custom designs or technologies are involved

8. Building Information Modeling (BIM): BIM requirements and protocols - include when BIM is being utilized

9. Funding Conditions: Specific requirements of external funders - include when external funding is involved

Suggested Schedules

1. Schedule 1 - The Site: Detailed description and plans of the development site

2. Schedule 2 - Construction Documents: Drawings, specifications, and construction methodology

3. Schedule 3 - Programme: Detailed construction programme and milestone dates

4. Schedule 4 - Payment Schedule: Detailed payment terms, rates, and mechanisms

5. Schedule 5 - Design Responsibilities Matrix: Detailed allocation of design responsibilities

6. Schedule 6 - Forms of Collateral Warranties: Template warranties for subcontractors and professionals

7. Schedule 7 - Insurance Requirements: Detailed insurance requirements and minimum coverage

8. Schedule 8 - Testing and Commissioning Requirements: Detailed testing and commissioning procedures

9. Schedule 9 - Planning Permissions and Conditions: Copies of planning permissions and associated conditions

10. Schedule 10 - Environmental Requirements: Environmental standards and compliance requirements

11. Appendix A - Site Investigation Reports: Ground condition and site investigation findings

12. Appendix B - Statutory Approvals: Copies of relevant statutory approvals and permits

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Commercial Real Estate

Residential Real Estate

Construction

Infrastructure Development

Industrial Development

Retail Development

Healthcare Facilities

Education Facilities

Hospitality

Mixed-use Development

Sustainable Development

Urban Regeneration

Relevant Teams

Legal

Construction

Development

Commercial

Project Management

Risk and Compliance

Finance

Operations

Technical Services

Planning

Procurement

Health and Safety

Environmental

Design

Relevant Roles

Construction Director

Project Manager

Development Director

Commercial Director

Legal Counsel

Contract Manager

Quantity Surveyor

Construction Manager

Site Manager

Planning Manager

Risk Manager

Environmental Manager

Technical Director

Finance Director

Operations Director

Compliance Officer

Health and Safety Manager

Procurement Manager

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